Ebersole v. Rankin

• Citation: 13 S.W. 756
• Parties: EBERSOLE et al. v. RANKIN.
• Decision Date: 19 May 1890
• Court: United States State Supreme Court of Missouri

13 S.W. 756

EBERSOLE et al. v. RANKIN.

Supreme Court of Missouri.

May 19, 1890.

APPEAL — DISMISSAL.

An appeal will be dismissed where neither party has made out, or furnished the supreme court with, a statement of the case, as required by Rev. St. Mo. 1879, § 3773.

Appeal from circuit court, Atchison county; H. D. KELLEY, Judge.

Keeley, Craig & Kelley, for appellants. A. M. Hough, M. McKillop, and John D. Campbell, for respondent.

SHERWOOD, J.

Our statute (section 3773, Rev. St. 1879) requires that "each party shall * * * make out and furnish the court with a clear and concise statement of the case," etc. There is not the semblance of a statement in this cause by either party. We do not propose to go through this record, or the abstracts thereof, and prepare a statement of the facts. Long v. Long, 96 Mo. 180, 8 S. W. Rep. 766; Craig v. Scudder, 98 Mo. 664, 12 S. W. Rep. 341; Jayne v. Wine, 98 Mo. 404, 11 S. W. Rep. 969; Manufacturers' Sav. Bank v. Big Muddy Iron Co., 97 Mo. 38, 10 S. W. Rep. 865. As the statute has not been complied with, we shall dismiss the appeal. All concur.